Scott Douglas Gerber

Title:

Professor of Law

Office:

Tilton Hall #177

Phone #:

419-772-2219

Fax #:

419-772-3514

Email:

s-gerber@onu.edu

Biography:

Professor Gerber clerked for U.S. District Judge Ernest C. Torres of the District of Rhode Island and practiced with the Boston-based law firm Bingham, Dana & Gould (now Bingham McCutchen). He is a member of the Massachusetts, Colorado, and Virginia bars, as well as the U.S. Supreme Court bar. He is the 2002, 2009, 2011, and 2012 winner of the Fowler V. Harper Award for excellence in legal scholarship and the 2004 and 2013 recipient of the Daniel S. Guy Award for excellence in legal journalism. He held the Ella & Ernest Fisher Chair in Law at Ohio Northern University from 2008-10. In 2008, he was appointed to a two-year term on the Ohio Advisory Committee of the U.S. Commission on Civil Rights. He was reappointed to a second two-year term in 2010 and to a third two-year term in 2012. StateStats.org named him one of the top law professors in Ohio.

Education:

Ph.D., University of Virginia
J.D., University of Virginia
B.A., College of William and Mary

Teaching Interests:

American Legal History
Constitutional Law

Faculty Activities

Books:

Mr. Justice: A Novel (Sunbury Press, 2011)

A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787 (Oxford University Press, 2011)

The Law Clerk: A Novel (Ohio Northern University Press, as distributed by Kent State University Press, 2007)

The Declaration of Independence: Origins and Impact (CQ Press, 2002) (editor and contributor)

The Ivory Tower: A Novel (University Press of the South, 2002)

First Principles: The Jurisprudence of Clarence Thomas (New York University Press, 1999; expanded edition, 2002)

Seriatim: The Supreme Court Before John Marshall (New York University Press, 1998) (editor and contributor)

To Secure These Rights: The Declaration of Independence and Constitutional Interpretation (New York University Press, 1995)

"Introductory Address: Justice for Clarence Thomas: An Intellectual History of Justice Thomas’s Twenty Years on the Supreme Court," 88 University of Detroit Mercy Law Review 667 (2011) (invited symposium contribution)

"Legal History as Political Science," 21 Law and Courts 19 (2011) (invited symposium contribution)

"Bringing Ideas Back In: A Brief Historiography of American Colonial Law," 51 American Journal of Legal History 359 (2011)

"The Origins of an Independent Judiciary in New York, 1621-1777," 28 Social Philosophy and Policy 179 (2011)
*also appeared as a chapter in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds., What Should Constitutions Do? (Cambridge University Press, 2011)

"The Origins of an Independent Judiciary in North Carolina, 1663-1787," 87 North Carolina Law Review 1771 (2009)

"An Ivy League Mystery: The Lost Papers of Arthur Linton Corbin," 53 South Carolina Law Review 605 (2002)

"Privacy and Constitutional Theory," 17 Social Philosophy and Policy 165 (2000)
* also appeared as a chapter in Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds., The Right to Privacy (Cambridge University Press, 2000)

"On Ranking Public Law Programs," 9 Law and Courts 9 (1999)

"Would the Framers Impeach President Clinton?," 8 Law and Courts 4 (1998)

"Justice Clarence Thomas and the Jurisprudence of Race," 25 Southern University Law Review 43 (1997)

"The Quixotic Search for Consensus on the U.S. Supreme Court: A Cross-Judicial Empirical Analysis of the Rehnquist Court Justices," 91 American Political Science Review 390 (1997) (co-authored with Keeok Park)

Federalist Society debate with Gordon S. Wood about To Secure These Rights: The Declaration of Independence and Constitutional Interpretation (New York University Press, 1995): http://www.youtube.com/watch?v=O6o6sm5SJuE

Professor Gerber also has made presentations at the following venues: University of Akron Law School, Brown University, League of Women Voters of Lima (Ohio), Cleveland State University Cleveland Marshall College of Law, Georgia State University College of Law, Valparaiso University Law School, University of Chicago Law School, Regent University School of Law (twice), University of Virginia School of Law, Newport (Rhode Island) Historical Society, Columbus (Ohio) lawyers' chapter of the Federalist Society, Rutgers-Newark School of Law, University of Pennsylvania School of Law, California Western School of Law, Pepperdine University School of Law, UCLA School of Law, University of Southern California School of Law, Capital University School of Law, Brown University’s Bookstore, Poquoson (Virginia) Public Library, Michigan State University College of Law (twice), Medina County Bar Association of Ohio, Harvard Law School, Social Law Library, University of Detroit Mercy School of Law, Liberty Fund Colloquium (five times), Loyola University Chicago School of Law, Cleveland lawyers’ chapter of the Federalist Society, University of Tennessee College of Law (twice), New England Political Science Association’s Annual Meeting, John Carter Brown Library, New England School of Law, University of Texas School of Law, Stetson University College of Law, Boston University School of Law, Quinnipiac University School of Law, Social Philosophy and Policy Center (five times), Case Western Reserve University School of Law (twice), Santa Clara School of Law, Stanford Law School, Loyola University of New Orleans School of Law, Southeastern Association of Law School’s Annual Meeting, Midwest Political Science Association’s Annual Meeting (twice), University of California at Berkeley Boalt Hall School of Law, California Hastings College of Law, University of San Francisco School of Law, San Francisco lawyers’ chapter of the Federalist Society, Golden Gate University School of Law, Sacramento lawyers’ chapter of the Federalist Society, University of California at Davis School of Law, Defiance County Bar Association of Ohio, John Locke Foundation (twice), Campbell University School of Law (twice), Ohio Legal Scholarship Workshop (twice), McGeorge School of Law, Federalist Society Faculty Conference (twice), Ohio State University College of Law, Suffolk University School of Law, Heritage Foundation’s Legal Strategy Forum, University of Gloucestershire (England), Southern Illinois University School of Law, Cato Institute, Michigan State University, American Political Science Association’s Annual Meeting (five times), Campbell University, Princeton University, American University College of Law, Washington and Lee School of Law, William and Mary Law School (twice), New York Academy of Science, University of Toledo College of Law (twice), Northeastern Political Science Association’s Annual Meeting (four times), Southern Political Science Association’s Annual Meeting (twice), National Conference of Black Political Scientists’ Annual Meeting (twice), Ohio Northern University (many times)